Rachel Granger Act of 2005 - Amends title II (Old Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to authorize waivers by the Commissioner of Social Security of the five-month waiting period for entitlement to benefits based on disability in cases in which the Commissioner determines that such waiting period would cause undue hardship to terminally ill beneficiaries.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2799 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2799
To amend title II of the Social Security Act to authorize waivers by
the Commissioner of Social Security of the 5-month waiting period for
entitlement to benefits based on disability in cases in which the
Commissioner determines that such waiting period would cause undue
hardship to terminally ill beneficiaries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 8, 2005
Mr. Bradley of New Hampshire (for himself and Mr. Cantor) introduced
the following bill; which was referred to the Committee on Ways and
Means
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to authorize waivers by
the Commissioner of Social Security of the 5-month waiting period for
entitlement to benefits based on disability in cases in which the
Commissioner determines that such waiting period would cause undue
hardship to terminally ill beneficiaries.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rachel Granger Act of 2005''.
SEC. 2. WAIVER OF 5-MONTH WAITING PERIOD FOR BENEFITS BASED ON
DISABILITY IN CASES OF TERMINALLY ILL BENEFICIARIES.
(a) Disability Insurance Benefits.--Section 223(a) of the Social
Security Act (42 U.S.C. 423(a)) is amended by adding at the end the
following new paragraph:
``(3) The Commissioner of Social Security may waive the application
of the individual's waiting period under clause (i) in the first
sentence of paragraph (1) if the Commissioner determines that such
individual would otherwise be entitled to disability insurance benefits
under this section, that such individual is terminally ill, and that
the application of the waiting period would work an undue hardship on
such individual (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) in the first sentence of paragraph (1), the individual shall
be entitled to disability insurance benefits for each month, beginning
with the first month during all of which such individual is under a
disability and in which such individual would become so entitled to
such insurance benefits under such sentence but for such waiting
period, and ending as provided in paragraph (1). For purposes of this
paragraph, an individual is considered to be `terminally ill' if the
individual has a medical prognosis that the individual's life
expectancy is 6 months or less.''.
(b) Widow's Insurance Benefits Based on Disability.--Section
202(e)(5) of such Act (42 U.S.C. 402(e)(5)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that she would otherwise be entitled to widow's
insurance benefits under this section, that she is terminally ill, and
that such application of the waiting period would work an undue
hardship on her (as determined on the basis of criteria established by
the Commissioner). In the case of any such waiver granted by the
Commissioner with respect to an individual, notwithstanding clauses (i)
and (ii) of paragraph (1)(F), she shall be entitled to widow's
insurance benefits for each month, beginning with the first month
during all of which she is under a disability and in which she would
become so entitled to such insurance benefits under paragraph (1) but
for such waiting period, and ending as provided in paragraph (1). For
purposes of this subparagraph, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
(c) Widower's Insurance Benefits Based on Disability.--Section
202(f)(6) of such Act (42 U.S.C. 402(f)(6)) is amended by adding at the
end the following new subparagraph:
``(C) The Commissioner of Social Security may waive the application
of the individual's waiting period under paragraph (1)(F)(i) if the
Commissioner determines that he would otherwise be entitled to
widower's insurance benefits under this section, that he is terminally
ill, and that such application would work an undue hardship on him (as
determined on the basis of criteria established by the Commissioner).
In the case of any such waiver granted by the Commissioner with respect
to an individual, notwithstanding clauses (i) and (ii) of paragraph
(1)(F), he shall be entitled to widower's insurance benefits for each
month, beginning with the first month during all of which he is under a
disability and in which he would become so entitled to such insurance
benefits under paragraph (1) but for such waiting period, and ending as
provided in paragraph (1). For purposes of this subparagraph, an
individual is considered to be `terminally ill' if the individual has a
medical prognosis that the individual's life expectancy is 6 months or
less.''.
(d) Commencement of Period of Disability.--Section 216(i)(2)(A) of
such Act (42 U.S.C. 416(i)(2)(A)) is amended--
(1) by inserting ``(i)'' after ``(2)(A)'';
(2) by inserting ``(I)'' after ``but only if'';
(3) by inserting ``(II)'' after ``duration or''; and
(4) by adding at the end the following new clause:
``(ii) The Commissioner of Social Security may waive the
application of the five-month requirement under clause (i)(I) if the
Commissioner determines that such individual would otherwise be
entitled to a period of disability under this paragraph, that such
individual is terminally ill, and that the application of such five-
month requirement would work an undue hardship on such individual (as
determined on the basis of criteria established by the Commissioner).
For purposes of this clause, an individual is considered to be
`terminally ill' if the individual has a medical prognosis that the
individual's life expectancy is 6 months or less.''.
SEC. 3. EFFECTIVE DATES.
The amendments made by subsection (a) of section 2 of this Act
shall apply only with respect to benefits under section 223 of the
Social Security Act, or under section 202 of such Act on the basis of
the wages and self-employment income of an individual entitled to
benefits under such section 223, for months beginning after 90 days
after the date of the enactment of this Act. The amendments made by
subsections (b) and (c) of section 2 of this Act shall apply only with
respect to benefits based on disability under subsection (e) or (f) of
section 202 of the Social Security Act for months after 90 days after
the date of the enactment of this Act. The amendments made by
subsection (d) of section 2 of this Act shall apply only with respect
to applications for disability determinations filed under title II of
the Social Security Act after 90 days after the date of the enactment
of this Act.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Social Security.
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